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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAVI V HOSMANI
Janaki, D/O Late Narayana Hebbar – Appellant
Versus
Paniraja Hebbar S/O Late Narayana Hebbar – Respondent
JUDGMENT :
RAVI V HOSMANI, J.
Challenging judgment and decree dated 02.11.2022 passed by Senior Civil Judge, Kundapura, in R.A.no.7/2017 and judgment and decree dated 08.11.2016 by Principal Civil Judge and JMFC, Kundapur, in O.S.no.84/2009, this second appeal is filed.
2. Sri Shivarama Bhat O., learned counsel for appellants submitted that appeal was by plaintiffs in O.S.no.84/2009 filed for partition and separate possession of suit 'A' Schedule Properties. In plaint, it was stated that plaintiffs and defendants no.1 to 7 were governed by Hindu Mithakshara Law of inheritance and that 'A' Schedule Properties were ancestral joint family properties belonging to Narayana Hebbar - Propositus. It was stated that Narayana Hebbar through his wife - Seethamma had 4 sons and 3 daughters. In October 1986, Narayana Hebbar died. On his death, 'A' Schedule Properties held by Narayana Hebbar were required to be divided into 8 shares i.e., his wife and 4 sons and 3 daughters. It was stated that though they had demanded partition, defendants' brothers kept on postponing same. Ultimately, plaintiffs came to know that by a registered partition deed on 04.11.1986, properties were partitioned between See
Daughters have coparcenary rights from birth under the amended Hindu Succession Act, but prior partitions before the cutoff date are not invalidated, upholding their validity.
Daughters have equal coparcenary rights in Hindu Undivided Family properties post-2005 amendment, but prior partitions are valid if established before the amendment.
The main legal point established in the judgment is that a partition entered into prior to the cut-off date of 20th December, 2004 would stand valid and unaffected by the subsequent amendment to the ....
Daughters born before 1956 are entitled to coparcenary rights under the amended Hindu Succession Act, 2005, irrespective of their marital status.
The court affirmed that ancestral property remains so despite partition, and daughters are entitled to equal shares under the Hindu Succession Act, 1956, as amended.
Daughters have the right to claim a share in ancestral property as coparceners under Sec. 6(1)(a) of the Hindu Succession Act, but their entitlement is limited by the proviso to Sec. 6(1) based on th....
The main legal point established in the judgment is that the Central enactment prevails over the State law, and the daughters, including those married prior to 1994, are entitled to an equal share in....
The amendment to Section 6 of the Hindu Succession Act grants daughters equal rights as coparceners, allowing them to claim shares in ancestral properties irrespective of their birth date.
Daughters are coparceners with equal rights to property by birth under Section 6(1) of the Hindu Succession Act, and unrecognized oral partitions do not affect these rights.
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